Jacksonville Personal Injury Lawyer - Nursing Home & Elder Abuse

Man’s Wife Moved To Nursing Home 1,000 Miles Away Without Permission

Eddie Farah — Thu, 25 Dec 2008 23:33:19 GMT

This is an incredible story and sounds like it could end up in court for violating the rights of the elderly.

A St. Augustine, Florida man says that on Christmas eve, his 65-year-old wife was moved to an Illinois nursing care center in Elmwood, without his approval or knowledge.

Viola Jane White, 65, has been a patient at Kindred Hospital in Green Cove Springs, west of Jacksonville. She needs dialysis and a ventilator to live. Christmas eve, William White got a call from the hospital that his wife had been flown to Illinois.

What angers him is that the hospital staff decided that they didn't need her husband’s approval to go.

"They said she agreed to it. She can't even sign her name. She don't know what day it is," White said to First Coast News.

White got a letter last September stating that his wife’s Medicaid and Medicare benefits would be exhausted by mid-November. In order to stay at Kindred Hospital, White would have to come up with $1,000 a day.

White says he was told the only option for his wife was to move out-of-state so she could receive Medicaid and Medicare, but this explaination, on the face of it, does not seem to make sense and certainly does not justify moving someone without notice and/or permission.

"I said I don't agree to send my wife 1,000 miles away. I'm 72 years old!" White said, adding that he doesn't know when he'll get to see her again.

There are many questions that Mr. White needs to have answered by a professional. Obviously moving a loved one across the country without permission, is not in anyone's best interest.

The first question should be – whose best interest is it in? #

Originally posted at InjuryBoard by Eddie Farah

Silver Alert To Quickly Find Elderly Dementia Patients

Eddie Farah — Wed, 24 Dec 2008 23:00:00 GMT

By this time everybody has heard of Amber Alerts – issued by law enforcement as soon as a child is missing. This is the latest twist on an Amber Alert but for people much older.

“Silver Alerts,” managed by the Florida Department of Law Enforcement, will let the public know about mentally impaired elderly residents who wander from home. A person must be over the age of 60 and suffering from dementia or Alzheimer's before a Silver Alert will be issued.

It was good news for the family of Charlie Brownlee, 76, who wandered away from his sister’s Miami home one day last month. Brownlee got behind the wheel of a car, even though he suffers from dementia. Apparently no one remembered to give Charlie his medication that day. When family alert police they immediately issued a Silver Alert and found Charlie on his way back to his own home in Tuscaloosa, Alabama, thinking it wasn’t far away.

The New York Times reports that Florida, along with neighboring Georgia and about a dozen other states have adopted similar programs and legislation is pending in Congress to create a national program.

So far 19 people have been found since Florida adopted the system in October.

The Florida program sends an automated phone call to every resident within a one mile radius of the missing person’s home. The message contains pertinent information, including a physical description of the person and the vehicle being driven.

In the case of Brownlee, about 5,000 automated calls were made. If a missing person is behind the wheel, the Florida Department of Transportation flashes a physical description of the person on road signs, the kind that normally alert drivers to traffic detours and conditions.

With Florida a mecca for more than four million Americans over the age of 60, and about a half-million probable Alzheimer’s cases, this is a very valuable service for our vulnerable population. #

Originally posted at InjuryBoard by Eddie Farah

Guide To Choosing a Nursing Home

Eddie Farah — Sat, 20 Dec 2008 22:07:00 GMT

Trying to choose a nursing home for a loved one?

Your options might be a little easier with a new online rating system from the Centers for Medicare and Medicaid Services, which provides ratings from one to five stars for 16,000 nursing homes in the U.S. Just 12 percent got five stars overall.

Go to the web site to look up a nursing home in your area by zip code or city.

The rating is based on annual inspections, staff size and the number of nurses. There are in all ten key quality measures, among them, how often residents come down with bed sores, a sure sign they are being left too long.

Some critics say the star-rating system is ‘poorly planned, and prematurely implemented,” and that the information is already available online. But you’d probably have to know how to look for it.

Obviously, an on-line rating system is no substitute for common sense and visiting the facility yourself at all times of the day and being very observant. Also talk with other residents and their families as to their satisfaction level.

Find out the home’s turnover level, and remember an inspection from six-months ago, may not accurately reflect what is going on today. Find out who owns the facility and whether it is for-profit or not-fo-profit.

As our population ages, it is very likely that baby boomers will be behind a push for mandatory staffing levels because without that, too often just the minimum standards are followed. Some guidelines are found in the Wall Street Journal Health Blog as contributed by HomewatchCareGivers. The group provides personnel for in-home and assisted living as well as skilled nursing facilities. Some suggestions include:

1. How long has the agency been providing private duty home care?
2. Is a written, customized care plan developed in consultation with the client and family members, and is the plan updated as changes occur?
3. How are emergencies handled after normal business hours?
4. Do they closely supervise the quality of care, including maintenance of a daily journal in the client’s home and non-scheduled supervisory visits?
5. Does the agency employ a nurse, social worker, or other qualified professional to make regular visits to the client’s home?
6. Do they provide a written document that states the rights and responsibilities of the client, and explains the company’s privacy policy and code of ethics?
7. Do they triple-screen their caregiver employees carefully, including use of reference checks, driving records and criminal background investigations?
8. Does the Agency mandate ongoing training of its employees to continually update their skills?
9. Does the agency manage all payroll and employee-related matters and adhere to state and federal guidelines in its employment practices, such as withholding appropriate taxes and providing Workers’ Compensation and other benefits?
10. Do they also use independent contractors? If so, who employs the person and pays the mandated taxes and withholdings in this case?

Originally posted at InjuryBoard by Eddie Farah

The Hiring Of Home Health Aides

Eddie Farah — Sat, 15 Nov 2008 22:39:28 GMT

Frequently we at Farah and Farah are asked whether hiring a home health aide to watch over an elderly loved one, in our home or theirs, is a good idea and what should someone look for.

You should treat the hiring of a home health care person with the same scrutiny as you would for your child.

If this person will be responsible for medically-related duties, he or she should be a licensed, certified nursing assistant, or CNA, who will be regulated by a state agency. You can also call them at 850-245-4567.

However, if this person is hired to provide housekeeping, cooking and non-medical services, you may need to conduct your own background check.

In Florida, California, Connecticut, and at least 19 other states, nonmedical home health care aides are not required to be licensed, certified nor regulated by a state agency. Criminal background checks are not required.

There have been plenty of stories of abuse and neglect of elderly patients including identity theft, the theft of personal belongings, narcotics or cash. Be aware that most abuse and neglect cases involve non-medical aides hired to help around the house and that most victims are afraid to report the abuse.

If you are looking for a reputable, reliable home health care person, it’s probably a safer bet to go through an agency; however, be sure to ask the agency what background checks have been done and be sure they include, at a minimum, a state police criminal background check.

Make sure that the agency has run a national criminal database check to the extent it is possible. Some agencies do not have that authorization.

A Medicare or Medicaid home health agency requires training of at least 75 hours and an evaluation program. A licensed-only agency may require additional training above at least 40 hours or a competency test given by the agency.

If you are doing the hiring, be sure to check references and conduct your own state police criminal background check.

People already feeling guilty, are looking for peace of mind when they hire a care giver. As more and more of us enter the ranks of older age, this problem looks to escalate. Hopefully the solutions will too. Do research on the elderly and home health aides and don’t be shy about asking for help from others. A specific request usually works best.

For more information on how to find caregivers and other senior citizen resources, visit www.eldercare.gov or call 800-677-1116.

You can also check the name of your caregiver against a sex-offender registry available at www.fbi.gov/hq/cid/cac/registry.htm.

Originally posted at InjuryBoard by Eddie Farah

Nursing Home Fairness Fought By Industry

Eddie Farah — Fri, 12 Sep 2008 17:10:00 GMT

Binding arbitration. You might not know what means, but look in the fine print of most contracts these days. There is a line or two that agrees to let any dispute be settled by a panel, usually that favors the wrong-doer, and takes away your right to settle a dispute in court.

The latest boost to binding arbitrtion comes from the nursing home industry. It has launched a campaign designed to fight a Senate vote that protects the rights of consumers living in nursing homes and assisted living facilities.

The Fairness in Nursing Home Arbitration Act, sponsored by Sen. Mel Martinez (R-FL) and Herbert Kohl (D-WI), would make unenforcable pre-dispute binding mandatory arbitration provisions that a person signs in a nursing home contract.

Buried in the fine print of these contracts is wording that says if a dispute arises, the elderly and their families lose the right to take a deficient nursing home to court. That would even apply to cases of abuse or neglect.

Unfortunately, litigation is frequently the only way to force some nursing homes to comply with compassionate care.

What nursing facilities want, instead of a court date, is for you to take your complaint before a private and secretive forum, cherry-picked by the same industry you have the complaint against. Guess which side the deck is stacked against- You!

A Public Citizen study of 34,000 cases of credit card arbitration, found that business won more than 94 percent of time over consumers. That is not a coincidence.

Led by the U.S. Chamber of Commerce, a cross section of groups, primarily nursing homes has signed a joint letter to U.S. Senators to fight the proposal.

The group says it “would establish a dangerous precedent for the entire U.S. business community by eliminating the reasonable, intelligent use of arbitration agreements.”

A dangerous precedent to take a dispute to court? The right to a trial by jury is an American right, and there is nothing dangerous about it. What is truly dangerous is losing that right.

Whenever you sign any agreement, please look for the very fine print on binding arbitration. Tell the contract holder you don't agree to giving away a right that all Americans share and should hold sacred.

Originally posted at InjuryBoard by Eddie Farah